Divorce Laws in Pennsylvania

Pennsylvania Divorce Law: Things you need to know

So, you’re thinking about getting a divorce? Here’s what you need to know.

• Residency Requirements: To file for divorce in Pennsylvania, one of the spouses must have lived in the state for at least six months.
• The Waiting Game: Unfortunately, the divorce process in PA isn’t exactly speedy. A simple divorce typically takes 3-4 months due to the 90-day waiting period for the court to grant the decree.
• No-Fault vs. Fault: Pennsylvania allows both no-fault and fault grounds for divorce. In no-fault divorces, proving fault is not required, while in fault divorces, fault must be proved. Most divorces in PA proceed on a no-fault basis.
• Annulment Alternatives: In certain critical circumstances, a court may grant an annulment in Pennsylvania. However, this option has strict requirements that can be difficult to meet.

Now, let’s dive deeper into the grounds for divorce in Pennsylvania.

No-Fault Divorce

There are two major grounds for no-fault divorce in PA:

• Mutual Consent: If both spouses agree to the divorce and file an agreement through the court process, a divorce can occur 90 days after the agreement is filed.
• Two-Year Separation: If the spouses have been separated for two years or more with no chance of repairing the marriage, a divorce can be granted.

Fault Divorce

If one spouse is at fault for the divorce, Pennsylvania law allows for six grounds:

• Cruel Treatment: When one spouse causes physical or mental harm to the other, making it unsafe or intolerable to continue living together.
• Adultery: When one spouse engages in sexual relations with someone outside the marriage.
• Extended Abandonment: When one spouse has abandoned the other for a year or more without any intention of returning.
• Imprisonment: When one spouse has been imprisoned for two years or more.
• Prior Legal Spouse: When one spouse was legally married to someone else at the time of the marriage.
• Mistreatment: When one spouse treats the other so badly that it makes their life intolerable.

It’s important to note that divorce is never easy. However, knowing your options and the requirements involved can make the process a little less daunting. Pennsylvania’s divorce rate of 3.0% per 1,000 of the total population is relatively low, but breaking up is still hard to do.

Pennsylvania Divorce Law: Understanding Your Rights

Divorce is never easy, but in Pennsylvania, there are certain circumstances under which you can file for one. Let’s break it down:

• If your partner is treating you in a way that severely damages your quality of life, whether it be physically or mentally, you can file for divorce.
• If your spouse is cheating on you, or if they leave you for no good reason for over a year, you can file for divorce.
• If you find out that your spouse was already married to someone else when you took your vows, you can also file for divorce.

It’s important to note that there are residency requirements that must be met before you can file. Either you or your spouse must have been a resident of Pennsylvania for six continuous months before the case is filed.

Once the grounds for divorce are established and the case begins, there are several other important concerns that will be addressed by Pennsylvania divorce law. One of these is the distribution of shared property between you and your spouse.

Dividing Property and Assets

It’s always best to try to come to an agreement with your spouse on the issues of property distribution and child custody. However, if that is not possible, the decision of how property will be divided will be left up to a judge. Be aware that the grounds for divorce can play a role in property distribution.

Other factors that may influence the distribution of assets include your relative personal wealth to your spouse, potential for future income, age, and length of the marriage. Thus, the way property is divided can vary significantly from case to case – it’s not necessarily a “half and half” division.

Get the Help You Need

If you’re going through a divorce, it’s important to have a lawyer on your side to help you navigate these complex issues. They can help you mediate the process of property distribution and ensure that your rights are protected.

Remember, divorce is never easy, but knowing your rights and having the right legal support can make all the difference.

Divorce and Children: What You Need to Know

Going through a divorce is never easy, especially when children are involved. One of the biggest concerns for parents is how the court system will treat their kids. The thought of a stranger deciding when and how you can see your children is terrifying.

But there is some good news! The court takes into account several factors when deciding custody, including which parent is most likely to maintain a healthy relationship between the child and the other parent. So even if you don’t win custody, you can still have a say in your child’s life.

Of course, there are exceptions. If there is a history of violence or alcoholism, or a criminal record, the court may restrict visitation rights. However, if you and your lawyer can show that granting you custody or visitation is in the child’s best interest, you have a good chance of maintaining contact with them.

Don’t let the fear of losing your children keep you from taking action. Remember, the court’s goal is to make decisions that are in the best interest of the child, and your role is to show that you are a responsible and loving parent. With the right legal representation and a commitment to your children’s well-being, you can come out of this difficult time with a bright future ahead.

Pennsylvania Divorce Laws – FAQs

• • Can both spouses be represented by the same divorce lawyer?

No, Pennsylvania divorce laws prohibit both spouses from being represented by the same lawyer due to the potential conflicts of interest that may arise.

• • Do I need to prove fault to file for divorce in Pennsylvania?

No, you do not need to provide evidence of fault. Pennsylvania implemented no-fault divorce grounds in the 1980s, which means you can file for divorce without proving fault-based grounds.

• • Should I respond to a divorce complaint?

Yes, it is important to respond to the divorce complaint and hire a divorce lawyer as soon as possible. Failure to do so may result in the court granting a divorce without your consent or knowledge, which could negatively impact your legal rights.

• • How can I receive alimony?

If you require spousal support, you must file a petition with the court while the divorce is in progress. After the divorce is finalized, you cannot request alimony.

• • Can I ask the custodial spouse to provide receipts for child support expenses?

No, according to Pennsylvania divorce laws, you do not have the right to ask the custodial spouse to provide receipts for child support expenses.

• • What should I do if I am experiencing domestic violence?

If you are a victim of domestic violence, contact your local police department immediately and file a report. You can also seek assistance from a domestic abuse shelter or crisis hotline.

• • What is equitable distribution?

Equitable distribution refers to the legal distribution of marital assets and debts between both spouses during the divorce process, as outlined by Pennsylvania divorce laws.

• • How long must I reside in Pennsylvania before filing for divorce?

According to Pennsylvania divorce laws, you must reside in the state for a minimum of 6 months before filing for divorce. Otherwise, you cannot file for divorce.

• • Do both spouses need to meet Pennsylvania’s residency requirements?

No, there is no requirement for both spouses to be residents of Pennsylvania to file for divorce. However, one spouse must have lived in the state for at least 6 months before filing.

• • How long does a divorce take in Pennsylvania?

A Pennsylvania divorce typically takes around 4 months to complete after filing. This is due to a 90-day waiting period required by law after the initial documents are filed.

• • What forms do I need to file for divorce in Pennsylvania?

The required forms vary depending on the type of divorce procedure. You can find the forms you need at the Pennsylvania Judicial Center website.

• • How much does it cost to file for divorce in Pennsylvania?

The cost of filing for divorce in Pennsylvania varies from county to county, with fees ranging from around $200 (in Scranton, Cameron County) to approximately $400 (in Philadelphia County).

• • What are the conditions for a separation-based divorce in Pennsylvania?

While legal separation is not recognized in Pennsylvania, you can obtain a no-fault divorce based on separation without your spouse’s consent if you meet the following conditions:

• • You have been separated for 2 years or more.
  • Both you and your spouse have ceased all physical and sexual relations.

Now that you have a better understanding of the Pennsylvania divorce laws, you can make informed decisions as you navigate the divorce process. Remember to seek the guidance of a reputable divorce lawyer to ensure that your legal rights are protected.